Is this process legal and practical?

[Argounova 0]

I'm a Canadian citizen and my boyfriend is an American citizen. Based on our life circumstances and relationship we have determined that it makes the most sense for me to do the following:

1. Finish the summer semester at my university in Canada while applying for transfer to schools in the US, hopefully for January enrollment.

2. Join him in the US, legally as a tourist, in September. Canadians can stay in the US for up to six months.

3. Apply for a change to F status when I'm accepted to a school there.

4. Should we decide to get married, have my status changed again and apply for permanent residency.

Am I missing any hitches here? Will I have to leave the States at any point? Is this a fully legal and practical way to go about living with my boyfriend without having to rush into marriage?

[Boiler 45,907]

You need to make sure his entry is annotated as prospective F1 Student, or just have him pop home to get a F1, my understanding is that for Canadians these are done at the Border.

[Argounova 0]

I'm the one going to the US, not him - not too important, just to clarify. It's my understanding Canadians don't actually need a *visa* for F1 status... Don't know if that changes anything.

[JohnR! 5,495]

Nothing wrong with what you propose but IMHO it would be better if you entered the US after being accepted at a school. In other words, put your education first, being able to stay close to your BF an added bonus. Check out the schools before you're in the US, make a plan, do your enrollment so when you get here you'll have a purpose. Take if from there and weigh your legal options for permanent residency if/when you guys decide to get married.

Good luck!

[NikLR 13,231]

http://canada.usembassy.gov/mobile//visas/visas/student-and-exchange-visas.html

Just remember that out of state tuition in the USA is very expensive.

(non mobile version here: http://canada.usembassy.gov//visas/visas/student-and-exchange-visas.html)

Edited April 29, 2015 by NLR

[Argounova 0]

Thanks JohnR. I do plan to apply to schools over the summer, but I probably won't be able to start until January and I'd like to be able to live with him sooner than that.

[Argounova 0]

http://canada.usembassy.gov/mobile/visas/visas/student-and-exchange-visas.html

I am really confused by the info on this page. It seems to start by talking about Canadian citizens and finish with other nationals. Can someone explain it as it applies to my situation?

[Transborderwife 4,666]

The only glitch that I expect to see in your plan are ties to Canada. If you say you're going to stay for 6 months expect to be asked how you're paying for your stay. His invitation and willingness to put you up would not be sufficient.

[Argounova 0]

Hmm. :/ Why not? He fully intends to pay for everything I can't, which is most of it. I'm going to try to make some money over the summer, but I'm hugely in debt from school and have little work experience, so I don't know what I could do. What specifically do they expect me to be able to pay for? If they are afraid he will be unwilling to cover a potential departure from the country, I could document my mother's willingness to cover it. And I would only continue to stay in the country as long as he was paying for me -- if he stopped for any reason, I'd leave.

[Transborderwife 4,666]

Hmm. :/ Why not? He fully intends to pay for everything I can't, which is most of it. I'm going to try to make some money over the summer, but I'm hugely in debt from school and have little work experience, so I don't know what I could do. What specifically do they expect me to be able to pay for? If they are afraid he will be unwilling to cover a potential departure from the country, I could document my mother's willingness to cover it. And I would only continue to stay in the country as long as he was paying for me -- if he stopped for any reason, I'd leave.

They expect you to FULLY support yourself while here, otherwise it could look like an intent to immigrate. People don't go on vacation and hope that somebody else would be there to financially support them. That's how USCIS looks at if. If you declare to want to spend that much time, expect to show proof of your ties ie: rent, proof of property, vehicle, etc.

Perhaps work over the summer in Canada and plan a shorter trip? I also agree with getting accepted first then going.

Edited April 29, 2015 by Transborderwife

[Argounova 0]

OK. So I don't own a vehicle or property --- what would it take to prove I live with my family? And what if my mother intended to pay for non-lodging costs during my stay -- is that sufficient?

[Transborderwife 4,666]

Unlikely. You may or may not have an issue at POE but be honest with yourself: what does it look like to an immigration officer when a single person travelling alone, no return ticket with months worth of clothing, and zero reason to return to Canada comes through?

[Argounova 0]

Yeah. :/ so having a *legitimate* reason to stay in the US later wouldn't make a difference? And what if I did have a return ticket?

What if I went under the assumption that I would leave after, say, two months (with a ticket for that time) then extended my stay in the event that I was accepted to a US college? There isn't any law against staying longer than you'd planned as long as you're still within the six month limit, right?

I don't want to commit fraud here and I don't want to do ANYTHING that would endanger my ability to live in the US legally in the future. But it seems to me that I could modify my plans but be open to changing them later.

Edited April 29, 2015 by Argounova

[Transborderwife 4,666]

Nope, it would likely hinder you

[Argounova 0]

Sorry, please see my edit above. Also why would it hinder me if my future reason is perfectly legal?